GS 2: PolityGS 2: Social JusticePrelims

The road to gender equity in courts, Pg7

India's judiciary faces gender disparity with women underrepresented in higher courts; reforms urged for inclusivity and transparency in judicial appointments.

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Key Highlights:

  • The India Justice Report 2025 reveals that women constitute only 14% of judges in High Courts and 3.1% in the Supreme Court.
  • The Supreme Court currently has only one woman judge out of 34, who is expected to become the first woman Chief Justice of India.
  • Women account for nearly 38% of the overall strength of the lower judiciary due to competitive examinations.
  • President Droupadi Murmu suggested creating an All-India Judicial Service in November 2023 for merit-based and transparent judge recruitment.

Detailed Insights:

  • The Collegium system is cited as a primary reason for gender disparity in higher judiciary due to its exclusive nature.
  • Lack of gender-friendly infrastructure, such as separate toilets for women in nearly 20% of district court complexes in 2023, hinders progress.
  • An open, national-level competition for judicial appointments, similar to UPSC exams, is proposed to address the gender imbalance.
  • Article 312 of the Constitution empowers Parliament to create an All-India Judicial Service for uniform recruitment and service standards.
  • The UPSC Civil Services examination serves as a model for ensuring diversity and inclusion in recruitment, with women securing top ranks.
  • Resistance to the All-India Judicial Service stems from concerns about potential executive interference and dilution of judicial autonomy.

Key Concepts Involved:

  • Collegium System: A system where appointments and transfers of judges are decided by a body of senior judges.
  • All-India Judicial Service: A proposed centralized recruitment system for judges across India, aiming for merit and inclusivity.
  • Article 312: Constitutional provision empowering Parliament to create new All-India Services.
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